CC v UU [2025] EWFC 214 (15 July 2025)

CC v UU [2025] EWFC 214 (15 July 2025)

Once a clean break order has taken effect and all financial remedy claims have been dismissed, the court has no jurisdiction under s22ZA Matrimonial Causes Act 1973 to grant a LSPO, whether for appeals or set aside applications. Set aside applications are not proceedings for financial relief under Part II of the 1973 Act and do not revive the jurisdiction for a LSPO.

Citation
[2025] EWFC 214
Parties
Applicant: CC; Respondent: UU
Jurisdiction
England and Wales
Judgment Date
15 July 2025
Procedural Posture
Family Law – Financial Remedies / Post Final Order, Applications for Legal Services Payment Order and Set Aside
Outcome
Applications dismissed
Legal Topics
Legal Services Payment Order (lspo), Clean Break Orders, Set Aside Applications, Jurisdiction, Financial Remedies, Appeals
Family Law Legal Services Payment Order (lspo) Clean Break Orders Set Aside Applications Jurisdiction Financial Remedies Appeals

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Parties

CC

Applicant

UU

Respondent

Procedural Posture

Family Law – Financial Remedies / Post Final Order, Applications for Legal Services Payment Order and Set Aside

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a LSPO after a clean break order has taken effect
  2. 2 Whether a LSPO can be granted in connection with a set aside application or appeal after financial remedy proceedings have concluded

Ratio Decidendi

Once a clean break order has taken effect and all financial remedy claims have been dismissed, the court has no jurisdiction under s22ZA Matrimonial Causes Act 1973 to grant a LSPO, whether for appeals or set aside applications. Set aside applications are not proceedings for financial relief under Part II of the 1973 Act and do not revive the jurisdiction for a LSPO.

Court Disposition

Applications dismissed

Orders

  • The Wife's applications for a LSPO in respect of the appeal proceedings to the Court of Appeal and in her set aside application are dismissed.
  • The set aside application dated 26 June 2025 shall be allocated to the Newport family court.